The quality of the environment has become a growing concern in the recent years for Quebec citizens.
Phenomena such as climate change, persistent organic pollutants and the depletion of the ozone layer are caused by several sources, the effects of which cannot be distinguished one from the other and/or linked to a specific event.
Furthermore, these phenomena have yet to create damage to Quebec residents in order to create the necessary standing for the introduction of legal proceedings.
Also, the scientific uncertainty related to the source of potential damage and to the proof of said damage makes it impossible to legally attack the emitters of the pollutant contributing to this type of environmental phenomena under 1457 C.C.Q. or 976 C.C.Q.
We have identified the 3 potential sources of a right to a clean environment which could entitle Quebec citizens to go before the courts in environmental matters, even in the absence of specific damages to their person or property.
We have analysed the Canadian Charter of Rights and Freedoms, the Charter of Human Rights and Freedoms and the Environmental Quality Act and looked at the potential right to a clean environment possibly contained therein and the legal actions that could be taken to ensure their respect.
Considering the weakness of what our legal system had to propose, we have developed solutions that could be put forward in order to allow the war against climate change and other environmental phenomena of the same nature to become legally actionable.